Practise Test A

Question 1

If a male has sexual intercourse with his 18 year old home stay student is there any offence?

Answer 1

No offence committed (18 years and over is not an offence)

Question 2

When is the offence of sexual grooming, section 131B(1)(a), CA 61 complete?

Answer 2

• When the offender intentionally meets the young persons
• When the offender travels with the intentional of meeting the young person
• When the offender arranges or persuades the young persons to travel with the intention of meeting him or her

Question 3

When can a previous consistent statement be admitted?

Answer 3

As rebuttal evidence only

Question 4

How far out must a prosecutor give the transcript to the defence before preliminary hearing or defended summary hearing

Answer 4

At least 7 days

Question 5

A child under 12 years can give consent in rare and exceptional circumstances?

Answer 5

R V COX - Although we do not exclude the possibility that a child of ten or eleven may be able to give a full, voluntary, free and informed consent to sexual intercourse, the circumstances that would justify that conclusion would be exceptional if not rare.

Question 6

What are three (3) types of ASAI complaints?

Answer 6

• Acute
• Non acutre
• Historical

Question 7

What is the principle difference between rape and unlawful sexual connection?

Answer 7

“Rape” is a specific form of unlawful sexual connection that involves the penetration of the complainants genitalia by the offenders penis.

Question 8

To be guilty of attempted sexual violation, what must the Crown prove?

Answer 8

The Crown must prove that at the time of the Defendant’s conduct they:

• Tried to sexually violate the complaint, and
• The complainant did not consent to the intended sexual connection, and
• The defendant did not believe on reasonable grounds the the complainant was consenting.

Question 9

In practice what is the best evidence that should be used as proof of a child’s age

Answer 9

R V Forest and Forest - The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.

In practice, this generally involves producing the victims birth certificate in conjunction with independent evidence that identifies the victim as the person named in the certificate.

Ideally the independent evidence will be that of a parent, but that will not be always possible.

Question 10

What is the purpose of a preliminary interview?

Answer 10

The purpose of a preliminary interview is necessary for investigators to gain a better understanding of what has occurred and to be determined.

• What further investigative actions are necessary
• Whether an offence may have occurred, and
• Whether the victim wishes to make a formal complaint.

Question 11

A home stay student having sex with the father of the house on the premise that she could use the car whenever she liked.

Answer 11

(a) - no offence committed
(b) - Sexual violation by rape
(c) - Section 129 - sexual connection by coercion

Question 12

Short answer

Define sexual connection - section 2 CA 1961

Answer 12

a) connection effected by the introduction into the genitalia or anus of one person otherwise than for a genuine medical purpose of:
(i) a part of the body of another person
(ii) any object held or manipulated by another person; or
(b) a connection between the mouth or tongue of one person and part of another person’s genitalia or anus; or
(c) the continuation of a connection of a kind as described in paragraph a or paragraph b

Question 13

Define unlawful sexual connection s2

Answer 13

Person ‘A’ has unlawful sexual connection with person ‘B’

(i) with person “B’s” consent to the connection
(ii) without believing on reasonable grounds that person ‘B’ was consenting to the connection

Question 14

Statutory Defence - Section 134A CA 61 What is the defendant

Answer 14

It is a defence to a charge under section 134 if the person charged proved that, -
a) before the time of the act concerned, he/she had taken reasonable steps to find out whether the young person concerned was of or over the age of 16; and

b) at the time of the act concerned, he/she believed on reasonable grounds that the young person was of or over that age of 16 ears; and
c) the young person consented

Question 15

Discuss whether a 16 year old girl can be charged with having consensual sex with a 14 year old boy?

Answer 15

Yes the girl can be charged as it is the offence of sexual conduct with a young person under 16 years old. Section 134(1) CA 61

Question 16

Name three circumstacnes where Police would remove a child from a household:

Answer 16

In cases involving;

• Serious wilful neglect
• Serious physical abuse
• Sexual assault

Question 17

S195A CA 61, What is necessary to prove criminal liability in failing to protect a child

Answer 17

The offence applies to;

• members of the same household of the victim
• People who are staff members of any hospital, institution or residence where the victim resides

Criminal liability will arise if such a person has frequent contact with a child (or vulnerable adult) and:
KNOWS (mens rea) the victim is at risk of death, GBH or sexual assault as a result of the acts or omissions of another person; and
FAIL (actus reus) to take reasonable steps to protect the victim from that risk

Question 18

In what other ways can a witness give evidence?

Answer 18

• While in the courtroom but unable to see the defendant or some other specified person (screens) or
• from an appropriate place outside the courtroom, either in New Zealand or elsewhere; (CCTV) or
• by a video record made before the hearing of the proceedings (DVD recording)

Question 19

Before attending a Medical examination, what should you explain to a victim

Answer 19

• That the examination will be conducted by a medical forensic practitioner specially trained in examining victims of sexual assault

-The benefits of a full medical forensic examination including;
potential benefit to their physical, sexual and mental health.
How the examination can help Police obtain evidence to apprehend the offender.

-The expected time frame for the examination and, if appropriate, possible outcomes of the examination.
Ask the victim if they have any concerns about the gender of the practitioner conducting the examination and advise that you will do your best to accommodate their wishes.

Question 20

What are the three areas to consider in determining whether physical abuse is serious and therefore meets the threshold for referral as a CPP case

Answer 20

• the action of the abuse
• the injury inflicted, and
• the circumstances (factors of the case)

Question 21

Define R V COX

Answer 21

Consent must be full, voluntary, free and informed. Freely and voluntarily given by a person who is in a position to form rational judgement.

Question 22

In negating consent, the Crown has to prove one of the three things.

Answer 22

In proving that consent was not present in a case of sexual violation, the Crown must prove that;

• the victim did not consent, or
• the victim’s consent was no valid, or
• the defendant did not believe on reasonable grounds that the victim was consenting